Definitions

1   In this regulation:

"Act" means the Missing Persons Act;

"member" means a member of a police force.

Stl'atl'imx Tribal Police Service

2   (1) For the purposes of the definition of "police force" in section 1 of the Act, the Stl'atl'imx Tribal Police Service is a prescribed entity.

(2) For the purposes of the definition of "officer in charge" in section 13 (3) of the Act, the chief officer of the Stl'atl'imx Tribal Police Service, appointed under section 4.2 (2) (c) (iv) (A) of the Police Act, is a prescribed senior official.

Person at risk assessment

3   (1) An assessment of whether a missing person is a person at risk must be conducted by a member in accordance with this section.

(2) The matters that a member may take into account in assessing whether a missing person is a person at risk are whether the missing person is at risk of harm because the missing person

(a) may be likely to provide sexual services for consideration,

(b) may have been hitchhiking when the missing person went missing,

(c) may be likely to self-harm,

(d) may have a substance use problem,

(e) may require medication, or

(f) may not be prepared to deal with the weather at or the terrain of the location where the missing person may have gone missing.

(3) After assessing a missing person under subsection (2), a member must prepare a written record of the assessment that includes a summary of the information the member considered in conducting the assessment.

[am. B.C. Reg. 80/2022.]

Application for order

4   (1) In this section, "territorial division" has the same meaning as in section 1 of the Offence Act.

(2) For the purposes of section 3 (1) (b) (ii) [form and manner of application for order] of the Act, a member may make an application to a justice

(a) in person,

(b) by fax, or

(c) if the member believes it would be impracticable to make the application in person or by fax, by telephone.

(3) If a member makes an application by telephone

(a) the justice may administer an oath by telephone,

(b) the application must include a statement by the member of the circumstances that make it impracticable for the member to make the application in person or by fax, and

(c) the application must be recorded word for word by the justice, who must, as soon as practicable, cause the record or a transcription of it, certified by the justice as to time, date and contents, to be filed with the clerk of the court for each territorial division in which the order is intended for service.

Information required in application for order

5   (1) An application for a missing person record access order under section 6 [missing person record access order] of the Act must include the following:

(a) a statement by the member applying for the order setting out the member's reasonable grounds for believing that the record specified in the application

(i) may assist the police force in locating the missing person, and

(ii) is in the possession or under the control of the person against whom the order is sought;

(b) a statement by a member setting out the reasonable efforts made by the police force to locate the missing person.

(2) An application for a third party record access order under section 7 [third party record access order – minor or vulnerable person] of the Act must include the following:

(a) a statement by the member applying for the order setting out the member's reasonable grounds for believing that

(i) the missing person

(A) may be in the company of the third party in respect of whom the order is sought, or

(B) was last seen in the company of the third party, and

(ii) the record specified in the application

(A) may assist the police force in locating the missing person, and

(B) is in the possession or under the control of the person against whom the order is sought;

(b) a statement by a member setting out the reasonable efforts made by the police force to locate the missing person;

(c) if paragraph (a) (i) (B) applies, a statement by the member applying for the order setting out the reasonable efforts made by the member to obtain the consent of the third party in whose company the missing person was last seen.

(3) An application for a third party record access order under section 10 [third party record access order – person at risk] of the Act must be accompanied by a copy of the written record of the assessment conducted under section 3 [person at risk assessment] of this regulation and include the statements set out in subsection (2) of this section.

(4) An application for a search order under section 11 [search order – minor or vulnerable person] of the Act must include the following:

(a) a statement by the member applying for the order setting out the member's reasonable grounds for believing that the missing person may be located in the private dwelling or other premises or on the land to be searched;

(b) a statement by a member setting out the reasonable efforts made by the police force to locate the missing person.

(5) An application for a search order under section 12 [search order – person at risk] of the Act must be accompanied by a copy of the written record of the assessment conducted under section 3 [person at risk assessment] of this regulation and include the statements set out in subsection (4) of this section.

(6) An application for an order under section 16 [failure to comply with emergency demand for records] of the Act must be accompanied by a copy of the emergency demand for records and include the following:

(a) a statement by the member applying for the order setting out the member's reasonable grounds for believing that the record specified in the application

(i) may assist the police force in locating the missing person, and

(ii) is in the possession or under the control of the person against whom the order is sought;

(b) a statement by a member setting out the reasonable efforts made by the police force to locate the missing person;

(c) a statement by a member setting out the circumstances in which the demand was made;

(d) proof of service of the demand.

Emergency demand for records

6   For the purposes of section 4 (a) [form of emergency demand for records] of the Act, an emergency demand for records must be made in Form 1 of the Schedule.

Method of service

7   (1) For the purposes of sections 3 (3) [service of order] and 4 (b) [service of emergency demand for records] of the Act, service of an order or an emergency demand for records is to be effected as follows:

(a) on an individual,

(i) by leaving a copy of the order or demand with the individual,

(ii) by faxing the order or demand to the individual's last known fax number, if the sender receives confirmation that it was successfully faxed, or

(iii) by emailing the order or demand to the individual's last known email address, if the individual subject to the order or demand confirms that it was received and the confirmation is made

(A) both verbally and by email, or

(B) by fax and includes the individual's signature;

(b) on a person other than an individual,

(i) by leaving a copy of the order or demand with

(A) a director, officer or partner of the person, or

(B) an individual who appears to have management or control of any place of business or premises operated by or on behalf of the person,

(ii) by faxing the order or demand to the person's last known fax number, if the sender receives confirmation that it was successfully faxed, or

(iii) by emailing the order or demand to the person's last known email address, if the person subject to the order or demand confirms that it was received and the confirmation is made

(A) both verbally and by email, or

(B) by fax and includes the person's signature.

(2) A justice, on application and on being satisfied that service of an order cannot be effected in accordance with subsection (1), may by order permit another method of service of the order.

Emergency demand for records written report

8   For the purposes of section 13 (2) [written report of emergency demand for records] of the Act, a written report must be accompanied by a copy of the emergency demand for records and must be in Form 2 of the Schedule.

Emergency demand for records annual report

9   For the purposes of section 18 (2) (c) [information required in annual report] of the Act, the following information is prescribed:

(a) the number of times that each record set out in section 15 [records subject to emergency demand for records] of the Act was specified in an emergency demand for records;

(b) the number of times a demand was made because the time required for applying for an order may have resulted in serious bodily harm to or the death of a missing person;

(c) the number of times a demand was made because the time required for applying for an order may have resulted in destruction of a record;

(d) the number of missing person investigations in which a demand was made and a missing person was located;

(e) if the police force preparing the report is the provincial police force referred to in paragraph (a) of the definition of "police force" in section 1 of the Act, the location of all detachments of members who made a demand.

Consent to disclosure

10   For the purposes of section 21 (2) (b) [disclosure of information if individual consents] of the Act, consent must be in writing.

Disclosure without consent of minor

11   A member must take into account the following considerations when deciding whether the disclosure to a parent or guardian of a minor under section 21 (5) [disclosure of information about located minor missing person] of the Act will protect the safety of the minor:

(a) the minor's age and competency;

(b) the minor's relationship with the parent or guardian.

Disclosure without consent of vulnerable person

12   (1) In this section:

"near relative" means an adult child, a parent, an adult sibling, a grandparent or any other adult relation by birth or adoption who is living with a vulnerable person;

"spouse" means a person who

(a) is married to a vulnerable person and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the vulnerable person, or

(b) is living with a vulnerable person in a marriage-like relationship.

(2) For the purposes of section 21 (6) [disclosure of information about located vulnerable missing person] of the Act, the following persons are prescribed:

(a) the vulnerable person's spouse;

(b) a near relative of the vulnerable person;

(c) the person in charge of any hospital, facility or residence where the vulnerable person may be residing or receiving care;

(d) if a vulnerable person is a patient, as defined in paragraph (b) (ii) or (iii) of the definition of "patient" in section 1 of the Patients Property Act, a committee of the vulnerable person appointed under that Act;

(e) if a vulnerable person's representation agreement authorizes a representative to make decisions on behalf of the vulnerable person in relation to the personal care or health care of the vulnerable person, the representative of the vulnerable person;

(f) if a vulnerable person is the subject of a support and assistance plan under the Adult Guardianship Act, the designated agency, as defined in paragraph (b) of the definition of "designated agency" in section 1 of that Act, that prepared the support and assistance plan.

(3) A member must take into account the following considerations when deciding whether the disclosure to a person referred to in subsection (2) of this section under section 21 (6) of the Act will protect the safety of the vulnerable person:

(a) the vulnerable person's competency;

(b) if the person to whom the information would be disclosed is the vulnerable person's spouse or a near relative of the vulnerable person, the vulnerable person's relationship with that person.

Retention and disposal of records

13   (1) Subject to subsection (2) (c), if a missing person is located alive, a police force that conducted a missing person investigation in respect of the missing person must ensure that copies of records provided to a member under the Act during the missing person investigation are disposed of within 90 days after the date on which the missing person is located.

(2) A police force that conducted a missing person investigation in respect of a missing person may retain copies of records provided to a member under the Act during the missing person investigation

(a) if the missing person is located deceased,

(b) if the missing person is not located, or

(c) for the purpose of a related criminal investigation.